In the wake of the infamous RG Kar Rape and murder incident that shook the entire world, the West Bengal government introduced a new bill in the West Bengal Legislative Assembly on 3 September 2024 named the Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment), 2024. West Bengal became the first state in India to make an amendment in central laws for crimes of a sexual nature against women and children. The bill was passed unanimously in the assembly and was sent to the Governor C. V. Ananda Bose and to President Droupadi Murmu for assent. The bill will amend the application of the recently updated Indian penal code in West Bengal. It entailed death penalty for convicts of rape and other unnatural sexual offences if it resulted in death of the victim or left the victim in a vegetative state. It also provides for a life sentence without parole for those convicted in other cases. In addition, a special task force led by a female officer will be created to help accelerate investigations into rape cases, dedicated courts will be created to fast-track these types of cases, penalties will be introduced for unreasonable delays in investigations, and a time limit of 21 days (with a possible 15-day extension) to issue a decision will be instituted.
The proposed bill aims to amend several legal provisions, including those in the Bharatiya Nyaya Sanhita (BNS) 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences Act 2012 (POCSO). It is intended to apply to survivors and victims across all age groups.
The Bill proposes capital punishment for individuals convicted of rape if the act results in the victim’s death or leaves her in a vegetative state.
Under BNS Laws, the penalties for rape are as follows: a fine and a minimum of 10 years imprisonment for rape; a minimum of 20 years imprisonment for gang rape, which may extend to life imprisonment; and a minimum of 20 years of rigorous imprisonment for rape resulting in the victim’s death or a vegetative state, with the possibility of life imprisonment or the death penalty.
Time-Bound Investigations and Trials: Investigations into rape cases are mandated to be completed within 21 days of the initial report and trial to be completed within 30 days. Extensions are permissible only with written justification from a senior police officer.
Under BNSS laws, the time limit for investigation and trial is 2 months from the date of FIR.
It also mandates the creation of 52 special courts dedicated to expediting the handling of sexual violence cases.
Aparajita Task Force: The Bill calls for the establishment of a specialized task force at the district level, led by a deputy superintendent of police dedicated to investigation of rape and other atrocities against women and children.
Before West Bengal, the Andhra Pradesh (Disha Bill) and Maharashtra (Shakti Bill) Assemblies had passed laws prescribing the death penalty for rape by amending the criminal laws in force at the time.
The Disha Bill 2019 introduced the death penalty as punishment for the crimes of rape, including against a minor below 16 years of age, gang rape and for repeat offenders.
The Shakti Bill 2020 too introduced the death penalty in rape cases and provided shortened timelines for concluding the investigation and trial.
Neither of the Bills has received the mandatory assent of the President yet.
There have been many instances in which state amendments to central laws have been contested in Courts. For instance:
State of West Bengal v. Union of India (1964): In this the Supreme Court invalidated the West Bengal Land Reforms Act, 1955, for conflicting with the central Land Acquisition Act, 1894, affirming Parliament’s supremacy.
The Aparajita Bill is a vital step toward addressing sexual violence in West Bengal, reflecting a legislative response to public outrage. However, effective implementation requires a balanced approach that combines punitive measures with rehabilitation, public awareness, and infrastructural support. A coordinated effort between the state and centre will ensure lasting protection for women and children, fostering long-term societal change and enhanced safety.
Latest News: Raising concerns over the death penalty provisions in The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, West Bengal Governor C.V. Ananda Bose returned the legislation to the State government for further consideration on 25th July, 2025.
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